By Jason Grant | April 6, 2023
Making both statutory and equal-rights arguments, two lawyers, including one from the ACLU, argued before Michigan's high court that an unwed former same-sex partner should qualify as a legal "parent" to a child she and her former partner agreed to have, via in vitro fertilization, but is no longer allowed to see.
By Mark A. Cuthbertson and Matthew DeLuca | April 6, 2023
The Supreme Court's recent decision in Kennedy v. Bremerton was the death blow for the Lemon test and existing Establishment Clause jurisprudence. In its place, the majority mandated the court's apply a 'history and tradition' test, drawing dissent from Justice Sonia Sotomayor. Yet this historical approach to defining constitutional rights is becoming a hallmark of the current majority, with the potential to disrupt the status quo on a wide range of constitutional issues.
By Riley Brennan | April 4, 2023
The Washington State Supreme Court affirmed the termination of a mother's parental rights, holding it hadn't been a Fifth Amendment violation for the court to "draw a negative inference from the mother's refusal to answer specific questions about her drug use."
By Avalon Zoppo | April 3, 2023
The complaint alleges that during Charles Mack's breaks at the prison commissary, the guards would make noises, kick boxes and talk loudly when Mack, a Muslim, tried to perform his prayers.
By Allison Dunn | April 3, 2023
"It's unclear what else the prosecutor could have done to explain what 'completely nonresponsive' meant, short of repeating herself verbatim," Chief Justice Brian D. Boatright wrote in the lone dissent, adding, "In these circumstances, the line between 'completely nonresponsive' and 'unengaged' is not immediately apparent."
The Legal Intelligencer | News
By Aleeza Furman | March 31, 2023
Though The Satanic Temple is a new client for Dechert, the firm's co-counsel is familiar, Dechert associate Noah Becker said.
By Adolfo Pesquera | March 31, 2023
Pitman criticized defense counsel Jonathan Mitchell for donating to the library the previously removed books three months into litigation.
By Colleen Murphy | March 27, 2023
"While the Legislature's goal to protect children is laudable, the effect of the amendment is to criminalize protected speech by way of its definition of child erotica and its proscription of private possession of child erotica," stated Whipple.
By Ryan Dailey | March 27, 2023
The bill would end a decades-old requirement that people obtain state concealed-weapons licenses before they can carry guns. The process includes background checks and firearms training.
By Adolfo Pesquera | March 24, 2023
"If enforcement to just compensate is purely a matter of discretion, the government is going to exercise its discretion not to pay for things it takes," Institute for Justice attorney Bob McNamara said.
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